Appeal No. 97-4260
Application 08/445,660
either of these axes, Dresen meets all of the limitations of
claim 1, and it is unnecessary to consider the Griffin
patent.4
Appellants state on page 4 of their brief that claims 2,
3, 6 and 7 stand or fall with claim 1. Also, claims 10, 16
and 17 fall with claim 1, since no explanation is presented as
to why they are believed to be separately patentable. 37 CFR
1.192(c)(7).
Rejection Under 37 CFR 1.196(b)
Claim 18 reads:
18. A plastic pallet comprising:
a substantially planar load bearing deck member
formed from an upper and lower sheet of
thermoplastic;
a plurality of bosses thermoformed in said deck
member in a non-symmetrical, non-hinge forming
arrangement and;
a plurality of bosses thermoformed in said deck
member whereby no more than three adjacent boss
centers are collinear.
Pursuant to 37 CFR 1.196(b), as amended effective
4We recognize that this is, in effect, a holding that Dresen anticipates
claim 1, but this is considered proper since lack of novelty is the epitome of
obviousness. In re May, 574 F.2d 1082, 1089, 197 USPQ 601, 607 (CCPA 1978).
12
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